More People Using Technology to Spy on Their Spouse

November 28, 2012

More People Using Technology to Spy on Their Spouse

When a couple is struggling in their marriage, tensions and suspicions often run high. As communication between the couple breaks down, some may become concerned and preoccupied with the other's activities. Consequently, as technological advances continue to be made, cases of spouses spying on one another -- either before or during divorceproceedings -- have become more common. Many people fail to realize, though, that such action can violate the law in some states, and occasionally even result in prison sentences.

In recent years, equipment used for spying has become more accessible to the public, as the price of the products has diminished and the number of companies selling them has increased. For instance, these days, individuals can purchase small GPS devices that attach to cars for only around $180. In addition, as popular methods of communication are increasingly electronic, programs used to copy emails and instant messages can be purchased for under $100. The availability of these devices allows suspicious spouses to feel they can take matters into their own hands, to discover if their significant other is hiding something from them.

Companies manufacturing such devices have reported significant rises in sales in the past few years. A company that sells tiny GPS tracking devices that can be hidden in bags or clothes has already sold more units, 15,000 in total, than last year's overall sales. In general, reports show sales of GPS devices are up 80 percent and sales of hidden cameras are 40 percent higher this year.

In states like Illinois, where spouses may file for divorce based on specific grounds, such as adultery, these techniques may seem appealing. It is important for people to consider the possible effects of such action, however.

Are Spouses Allowed to Spy on Each Other?

These devices have led to questions regarding whether spouses may legally spy on one another. State courts have addressed the issue, but the courts have come to different conclusions, as they disagree on what amounts to a "reasonable expectation of privacy." For instance, while some U.S. circuit courts have ruled that surveillance within a marriage is prohibited by the Federal Wiretap Act, others have found that the Act does not bar one spouse from recording the other.

Some suggest spouses will continue to implement these practices if they are not sufficiently informed about the possible consequences. According to the American Academy of Matrimonial Lawyers, 92 percent of the family law attorneys questioned reported they had seen more cellphone evidence used in divorce cases during the past three years. The lawyers specifically mentioned an increase in certain types of evidence, such as:
-Call histories
-Text messages
-Emails
-GPS data

One thing is certain, if the spying spouse uses the information to harass or threaten the other, he or she could be charged with stalking or a similar crime. He or she could also face civil penalties, for violating trespass or wiretap laws.

When considering a divorce, it is best to consult with a skilled, Illinois family law attorney to ensure you are properly protected from a spying spouse.

Article provided by Law Office of Dawn R. Underhill
Visit us at http://www.dawnunderhill.com/